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ASIC v Web3 Ventures PL [2025] FCAFC 58
CORPORATIONS – where primary judge held that a product that allowed customers to “loan” specified cryptocurrency in return for interest paid at a fixed rate was a “financial product” because it involved the respondent/cross-appellant: (i) operating a managed investment scheme as defined in s 9 of the Corporations Act 2001 (Cth) (the Act); and (ii)…
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Australian Securities and Investments Commission v NGS Crypto Pty Ltd (No 4) [2024] FCA 986
PRACTICE AND PROCEDURE – Application for suppression and non-publication orders pursuant to s 37AF of Federal Court of Australia Act 1976 (Cth) – whether orders necessary to prevent prejudice to the proper administration of justice – whether alphanumeric identifiers analogous to bank account details – sensitive financial information – significant media attention – documents not…
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Australian Securities and Investments Commission v Bit Trade Pty Ltd [2024] FCA 953
CORPORATIONS – where respondent issued financial product involving a margin extension facility used to purchase cryptocurrency on digital exchange – whether financial product issued without target market determination in contravention of Part 7.8A of the Corporations Act 2001 (Cth) – whether debt incurred through use of financial product – whether obligation to pay cryptocurrency is…
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Vanis Capital Investments PL (as trustee – Vanis Capital Investment Trust) v Morris [2023] FCA 359
CORPORATIONS — Oppression — Application by Applicants for interlocutory relief that is tantamount to final relief — Where Court cannot be positively satisfied of standing of shareholders in company to bring claims — Where Court cannot be positively satisfied that First Respondent’s conduct is oppressive — Application refused. PRACTICE AND PROCEDURE — Application by First…
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Moss v Contracoin Pty Ltd [2023] FCA 976
CONTRACT — interlocutory application – whether parties entered into a binding contract to settle the proceedings on certain terms – whether payment obligation in Calderbank offer intended by the parties to be immediately binding upon acceptance or subject to entry into deed of settlement. Held: application successful. Original article available at: https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2023/2023fca0976For more information, see…
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